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Murzyn Variance Staff Report November 15, 2022 Gem Lake City Council Page Section 1.6.14 covers the requirements for outdoor.pools. Section 16.1.4.2 notes that.pools are prohibited in front yards for lots 'zoned or used. for single family residential', which this lot would be considered as. Since a pool is prohibited in the front yard, the only places to place a pool are limited to the lakeshore side of the lot: The 2006 Zoning Ordinance had slightly different standards for development within the Shoreland Area; lands between 50 feet and 150 feet of the OHWL of a water body noted that "No. Building Permit shall be issued for any structure nor shall any structure be built within Zone. 3: (Zone,.3 is. between 50 feet and 150 feet from the OHWQ if said structure constitutes a substantial feature of the landscape.when viewed from the opposite shore or less .than fifty (50%) percent of said structurels screened by natural vegetation." This may explain why. some nearby lots have.pools located closer than 150 feet to the lake. Staff Comments As part of thereview of the request, comments were collected from. staff and other agencies involved or interested with the project. Watershed The subject parcel is Located within the Vadnais Lake Watershed Management Organization (VLAWMO). The watershed had not provided comments at the time of this staff report. DNR Due to theproperty being in the shoreland overlay, the DNR was asked for comment. regarding the request. At the time of this staff report no comments had been received. Engineering The City Engineer was able..to review the submitted plans, and noted that there was .no en..gineering. issueslcomments to address. Variance Criteria Below is the Planning Commission's findings in regards to the criteria for this request, with the criteria in italics. Practical Difficulties, per Section.17.4.1.; • The.property. owner proposes to use the.property in a reasonable manner not permitted by the zoning ordinance The request is to have a pool constructed within the required 150 foot setback from the lake. The. placement. of the house at 154 feet from the lake, slopes onthe site, and the prohibition of pools in front yards limits where the owner could have a pool. The plight of the landowner is due to circumstances unique to the property not created by the landowner The site is limited in where a pool could bebuilt, primarily.due to some slopes on. the. site outside of setback requirements, and the placement of the house.. 7.